Madras High Court
K.Subramani vs The Sub-Registrar on 5 January, 2024
Author: P.Velmurugan
Bench: P.Velmurugan
W.P.No.36324 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.No.36324 of 2023
K.Subramani ... Petitioner
versus
The Sub-Registrar,
Thottipalayam,
Tiruppur District. ... Respondent
Writ Petition filed under Article 226 of Constitution of India, praying
to issue a Writ of Certiorarified Mandamus, to call for the records of the
first respondent in relates to refusal number RFL/Thottipalayam/101/2023,
dated 08.11.2023 and quash the same in the light of the judgment in
W.P.No.674 of 2020 dated 05.11.2020 [N.Ramayee Vs. Sub Registrar,
Registration Department and Another] and direct the respondent to register
the settlement deed dated 08.11.2023.
For Petitioner : Mr.J.Franklin
For Respondent : Mrs.V.Yamunadevi
Special Governance Pleader
Pg.Nos.1/6
https://www.mhc.tn.gov.in/judis
W.P.No.36324 of 2023
ORDER
Mrs.V.Yamunadevi, learned Special Government Pleader accepts
notice for the respondent. By consent of both parties, the main writ petition
is taken up for final disposal at the admission stage itself.
2. This writ petition has been filed to quash the impugned refusal
check slip vide RFL/Thottipalayam/101/2023, dated 08.11.2023 passed by
the respondent in the light of the judgment in W.P.No.674 of 2020 dated
05.11.2020 [N.Ramayee Vs. Sub Registrar, Registration Department and
Another] and direct the respondent to register the settlement deed dated
08.11.2023.
3.The learned counsel for the petitioner submitted that the petitioner
and his wife are the joint owners of the property in S.No.93/2,
Nachipalayam Village, Tiruppur Therkku Taluk, measuring an extent of
3,480 sq.ft in Site No.66 in Sri Vishnu Priya Gardens. While so, the
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petitioner entered into a sale agreement with one Saravanan on 05.01.2022
by a registered sale agreement No.90/2022 and time was fixed for execution
of the sale till 20.02.2022. Since the said period got expired, the petitioner
has no other option except to cancel the said sale agreement and hence, the
petitioner issued notice to the said Saravanan on 05.04.2022 and the same
has been returned as unclaimed. While so, the petitioner decided to settle
the subject property in favour of his wife. When the settlement deed was
presented for registration on 08.11.2023, the respondent refused to register
the same and issued impugned refusal check slip, stating that earlier
agreement was not cancelled. He further submitted that a Division Bench of
this Court in W.P.No.674 of 2020 dated 05.11.2020 [N.Ramayee Vs. Sub
Registrar, Registration Department and Another], answered the reference
stating that the Registrar has no right to refuse to register the subsequent
document on the basis that agreement of sale was already registered in
respect of the same property. Therefore, the respondent has no authority to
refuse to register the Settlement Deed executed in favour of the petitioner's
wife and hence the impugned order is to be set aside.
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4. Heard both sides and perused the materials available on record.
5. On a perusal of the impugned refusal check slip, it is seen that the
respondent refused to register settlement deed, as the earlier sale agreement,
vide Doc.No.90 of 2022 was not cancelled and without cancelling the said
registered agreement, the petitioner presented the settlement deed dated
08.11.2023 for registration for the very same property.
6. There is no quarrel over the settled proposition of law laid down by
the Division Bench of this Court. In the case on hand, the petitioner himself
admitted that he executed a registered sale agreement in favour of one
Saravanan, which has not been cancelled and still, the registered sale
agreement reflects in the Encumbrance Certificate. In the affidavit, the
petitioner has stated that he sent notice to the said Saravanan, however, in
the settlement deed, the petitioner has not disclosed anything about the
execution of the registered sale agreement and also cancellation of the same.
6. Though there is an entry regarding the registered agreement for the
very same property with the respondent's office, that too, the earlier
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agreement is of the year 2022 and the presentation of the present settlement
deed is 08.11.2023, and there is no disclosure regarding execution of
registered sale agreement. Therefore, the petitioner has not come to this
Court with clean hands.
7. In view of the above, this Writ Petition is dismissed. However,
there shall be no order as to costs.
05.01.2024
Index: Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation Case : Yes/No
ms
To
The Sub-Registrar,
Thottipalayam,
Tiruppur District.
https://www.mhc.tn.gov.in/judis
P.VELMURUGAN, J.
ms
05.01.2024
https://www.mhc.tn.gov.in/judis
